West Orange Fourth Round HEFSP_adopted 111025_Appendices

to the Agency that such acquisition is subject to the requirements of this Agreement. This provision shall not act to waive any other restriction on such sale, transfer or exchange. (i) The Owner has not and will not execute any other agreement with provisions contradictory to, or in opposition to, the provisions hereof and the Mortgage, and in any event, the requirements of this Agreement and the Mortgage are paramount and controlling as to the rights and obligations herein and in the Mortgage and such requirements shall supersede any other requirements in conflict herewith and therewith. (m) All statements contained in all applications, correspondence or other materials delivered to the Agency by the Owner in connection with its consideration of thé, Loan to the Owner or relating to the Project are materially true and correct. (n) The representations, covenants and warranties of the tained in this Agreement on the date of its execution are true and shall continue to be true s during the term of this Agreement. ists WHich constitutes an Event of Default requirement of notice or lapse of time, or (0) No event has occurred and no conditiot under this Agreement or the Mortgage or which, bu both, would constitute such an Event of Default. (p) As of the date of this Agreeme ect’s Contract is in full force and effect and no default has occurred thereunder, and modifications and addenda to date has ed with the Agency. the Project; provided, however, thaf upon the termination of this Agreement in accordance with the terms hereof said cov its, reséfvations and restrictions shall expire. Each and every contract, deed or other instrument hve xi covering or conveying the Land or the Project or any portion thereof shall aan | held to have been executed, delivered and accepted subject to such covenants, resi j d restrictions regardless of whether such covenants, reservations and restrictions in such contract, deed or other instruments. Ifa portion or portions of the Land or Project’tge conveyed, all of such covenants, reservations and restrictions shall run to each portion of the Projéct and Land. Section 7. Term. This Agreement shall remain in full force and effect until all indebtedness from the Owner to the Agency in respect to the Project shall have been paid in full in accordance with the provisions of this Agreement, the Mortgage Note and the other Loan

ect until all indebtedness from the Owner to the Agency in respect to the Project shall have been paid in full in accordance with the provisions of this Agreement, the Mortgage Note and the other Loan Documents. Section 8. Construction or Rehabilitation of Project, The Owner covenants and agrees to comply with all the provisions of the Architect’s Contract and/or Construction Contract, as applicable. The Owner covenants and agrees diligently to pursue the construction or rehabilitation of the Project to completion in accordance with the plans and specifications set forth in the Owner's application for the Loan and the Architect’s Contract and as approved by the Agency. 9